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l. The City hereby confirms that it did, as above stated, grant a variance from its <br />applicable code requirements whereby only 100 of the required 130 parking spaces need be <br />constructed on the Property at this time, subject, however, to the terms and conditions of this <br />Agreement. <br />2. If the City Council shall hereafter determine, in the Council's sole and absolute <br />discretion, that there have been five or more parking shortage incidents at the Property within a <br />six-month period, and that additional parking spaces are therefore required on the Property, <br />Grantee will, at its sole cost and expense, construct such additional parking spaces as the City <br />Council shall then require, up to the 130 parking spaces shown on the Plan. A parking shortage <br />shall be considered any of the following: <br />a) Any vehicle illegally parked on the Property for more than 24-hours. This includes, but is <br />not limited to, parking on unapproved surfaces, illegally parking in a handicap space, or <br />not parking within a designated parking space. <br />b) Parking by any occupant of the Property or their guests or invitees for any length of time <br />along Twin Lakes Road. <br />c) Parking by any occupant of the Property or their guests or invitees on 175�' Avenue NW <br />for more than 24 hours. <br />3. The City Council need not require that all of the additional parking spaces be <br />constructed at any one time but may require additional parking spaces be constructed from time to <br />time as they deem them necessary, again in the Council's sole and absolute discretion, until the <br />maximum number of parking spaces as shown on the Plan have been constructed. The additional <br />parking spaces from time to time required by the City Council shall be built in full compliance <br />with the Plan and the then applicable City ordinances; provided, however, that Grantee may <br />prepare and present to the City a new parking plan for review and approval by the City Council, <br />and if approved by the City Council (which approval may be withheld for any reason or cause), <br />such additional parking spaces may then be constructed pursuant to the new parking plan, as <br />approved, and subject to the then applicable code requirements of the City, except as such code <br />requirements may be waived by deferments, if any, then granted. As above stated, the City Council <br />shall be the sole judges of whether or not additional parking is required, from time to time, and if <br />so, how much is to be constructed at any given time. <br />4. If the City Council determines that additional parking is required, the City shall <br />give written notice to Grantee of the determination that additional parking spaces are then required, <br />setting forth in the notice the number of spaces then required to be constructed, up to the maximum <br />shown on the Plan. Grantee within thirty (30) days after receipt of such notice, shall give written <br />notice to the City as to whether or not they will construct such additional parking spaces pursuant <br />to the Plan or will submit a new plan as above allowed. In the event a new plan is to be submitted, <br />it shall accompany the notice given to the City. If notice is not given to the City within the 30-day <br />period, Grantee shall be deemed to have agreed to construct such additional spaces pursuant to the <br />Plan. <br />2 <br />